Proof By Sampling In Construction Disputes

It is not uncommon in large construction projects for disputes to arise which involve several thousand alleged variations (or change orders) and/or alleged defects which need to be considered by the arbitral Tribunal or Court in the formal dispute resolution process chosen by the parties.

In addition to the often-extensive factual evidence, this usually gives rise to the need for expert evidence to be adduced dealing with the cause-and-effect liability issues as well as possible delay and quantum claims which arise as a result.

Parties and their appointed experts in many jurisdictions are now required to adopt a proportionate approach whereby they do not "use a sledgehammer to crack a nut" but this can mean different things in different situations. The concept of proportionality is not formulaic in nature.